Mondelez 2012 Annual Report Download - page 388

REDUCED BY
OVER
REDUCED BY
For purposes of this subsection 4.2, any benefits to which a Participant is entitled under Supplement EE of the Retirement Plan shall be
disregarded.
4.3 Grandfathered Amount Under Code Section 409A . For purposes of section 409A and the distribution provisions of Section 5 of the
Plan, in the case of an individual who was a Participant in the Plan prior to January 1, 2005, such Participant’s supplemental retirement benefit
under this Section 4 shall consist of a grandfathered supplemental retirement benefit and a non-grandfathered supplemental retirement benefit to
the extent determined below. As of the Participant’s Benefit Calculation Date, his non-grandfathered supplemental retirement benefit shall be an
amount equal to:
OVER
9
(ii)
the lump sum present value, as of the Benefit Calculation Date, of the Participant
’
s Retirement Plan benefit.
(b) In the case of a Participant who is reemployed by an Employer following his Separation from Service, he shall be eligible to receive
an additional supplemental retirement benefit under the Plan, as of his Benefit Calculation Date with respect to his subsequent
Separation from Service, in an amount equal to:
(i) the excess, if any, of the lump sum present value, as of such Benefit Calculation Date, of the benefit the Participant would
have been entitled to receive under the Retirement Plan if such benefit were determined without regard to the IRS Annual
Compensation Limit and without regard to the limitations imposed by section 415 of the Code,
(ii)
the lump sum present value, as of such Benefit Calculation Date, of the Participant
’
s Retirement Plan benefit,
(iii) the lump sum present value, as of such Benefit Calculation Date, of the Participant’s supplemental retirement benefit under
subsection 4.2(a) (and, if applicable, the Participant’s supplemental salary continuation benefit under subsection 4.5 or
supplemental disability benefit under subsection 4.6 accrued prior to the date of his reemployment).
(a)
the
excess
, if any, of the amount of the lump sum benefit determined under subsection 4.2;
(b)
the Participant
’
s grandfathered amount (as defined below), if any.